Document Content

RESOLUTION

Order No. 08/2011/L-CTN of April 8, 2011, on promulgation of the National Assembly’s Resolution

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No.51/2001/QH10 of December 25, 2001 of the Xth National Assembly, the 10thsession;

Pursuant to Article 91 of the Law on Organization of the National Assembly;

Pursuant to Article 57 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Resolution on Enforcement of the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code,

which was passed on March 29, 2011, by the XIIth National Assembly of the Socialist Republic of Vietnam, at its 9th session.

President of the Socialist Republic of Vietnam

NGUYEN MINH TRIET

Resolution No. 60/2011/QH12 on the enforcement of the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No.51/2001/QH10;

RESOLVES:

Article 1. Law No. 65/2011/QH12 Amending and Supplementing a Number of Articles of the Civil Procedure Code, which was passed on March 29, 2011, by the XIIth National Assembly of the Socialist Republic of Vietnam, at its 9th session, will take effect on January 1, 2012.

Article 2.

1. From the date the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code is promulgated to the date this Law takes effect:

a) The time limit for filing protests according to cassation procedures against civil, marriage and family, business, commercial or labor judgments and decisions which take effect before the date of promulgation of the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code complies with Article 288 of Civil Procedure Code No. 24/2004/QH11 (below referred to as the 2004 Civil Procedure Code);

b) The time limit for filing requests for consideration according to cassation procedures and the time limit for filing protests according to cassation procedures against civil, marriage and family, business, commercial or labor judgments and decisions which take effect on or after the date of promulgation of the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code comply with Articles 284 and 288 of the Civil Procedure Code with a number of articles amended and supplemented under Law No. 65/2011/QH12;

c) Cassation or re-opening procedures applicable to civil, marriage and family, business, commercial or labor judgments and decisions referred to at Points a and b of this Clause comply with the 2004 Civil Procedure Code.

2. From the date the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code takes effect:

a) For civil, marriage and family, business, commercial and labor cases and matters which are accepted by courts before the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code takes effect but are resolved according to first-instance procedures only on or after this Law takes effect, they shall be resolved under the provisions of the Civil Procedure Code with a number of articles amended and supplemented under Law No. 65/2011/QH12;

b) For civil, marriage and family, business, commercial and labor cases and matters which are resolved by courts according to first-instance procedures before the effective date of the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code but are tried according to appellate procedures only on or after the effective date of this Law, they shall be resolved under the Civil Procedure Code with a number of articles amended and supplemented under Law No. 65/2011/QH12;

c) For civil, marriage and family, business, commercial and labor judgments and decisions which have taken effect but are protested against according to cassation or re-opening procedures before the effective date the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code, and are tried according to cassation or re-opening procedures only on or after the effective date this Law, they shall be resolved under the Civil Procedure Code with a number of articles amended and supplemented under Law No. 65/2011/QH12;

d) For civil, marriage and family, business, commercial and labor judgments and decisions which have taken legal effect and against which petitions for cassation or re-opening trial are filed during the period from the date of promulgation of the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code before the effective date of this Law but no protest has been made yet by competent persons, protests shall be made under the Civil Procedure Code with a number of articles amended and supplemented under Law No. 65/2011/QH12;

e) For civil, marriage and family, business, commercial and labor judgments and decisions which take legal effect before the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code takes effect but are protested according to cassation or re-opening procedures only on or after this Law takes effect, except the cases prescribed at Point d, Clause 2 of this Article, grounds for making protests according to cassation or re-opening procedures comply with the 2004 Civil Procedure Code; and cassation or re-opening trial complies with the Civil Procedure Code with a number of articles amended and supplemented under Law No. 65/2011/QH12.

Article 3.

1. The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within the ambit of their respective functions, tasks and powers, review on their own or coordinate with one another in reviewing relevant documents in order to promptly amend and supplement these documents or promulgate new ones in accordance with the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code, ensuring enforcement of this Law from January 1, 2012; and coordinate with concerned agencies in further studying articles of the Civil Procedure Code which are problematic in the practical resolution of civil cases and matters but cannot be amended yet, in order to prepare a plan for fundamental and comprehensive revision of the Civil Procedure Code.

2. The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within the ambit of their respective functions, tasks and powers, implement and guide the implementation of this Resolution.

This Resolution was passed on March 29, 2011, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 9th session.